The Environment (Northern Ireland) Order 2002

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II POLLUTION PREVENTION AND CONTROL

   1. Regulation of polluting activities

      1. 3. Purpose of Article 4

      2. 4. Regulation of polluting activities

   2. Waste management: site licences

      1. 5. New transitional provisions for disposal licences treated as site licences

      2. 6. Disposal licences which expire before commencement of waste management licensing

   3. Financial assistance by Department

      1. 7. Financial assistance by Department

   4. Supplementary

      1. 8. Interpretation of this Part

4. PART III AIR QUALITY

   1. Air quality

      1. 9. Implementation of Directive

      2. 10. Air quality strategy

      3. 11. District council reviews

      4. 12. Designation of air quality management areas

      5. 13. Further provisions in relation to designated areas

      6. 14. Reserve powers

      7. 15. Regulations

      8. 16. Recommendations and guidance

      9. 17. Supplemental provisions

   2. General

      1. 18. Financial assistance

      2. 19. Powers of enforcing authorities and persons authorised by them

      3. 20. Offences

      4. 21. Disclosure of information

      5. 22. Power to give effect to Community and other international obligations, etc.

      6. 23. Offences by bodies corporate

      7. 24. Offences under this Part due to fault of others

      8. 25. Application to Crown

      9. 26. Regulations and directions

      10. 27. Interpretation of this Part

5. PART IV AREAS OF SPECIAL SCIENTIFIC INTEREST

   1. Areas of special scientific interest

      1. 28. Declaration of ASSI

      2. 29. Variation of declaration

      3. 30. Declaration of additional land

      4. 31. Denotification

   2. Duties of owners and occupiers of land included in ASSI

      1. 32. Duties of owners and occupiers of land included in ASSI

      2. 33. Appeals in connection with consents

      3. 34. Management agreements

      4. 35. Management notices

      5. 36. Appeals against management notices

      6. 37. Payments by Department

   3. Duties of public bodies in relation to land included in ASSI

      1. 38. Public bodies: general duty

      2. 39. Public bodies: duties in relation to operations

      3. 40. Public bodies: duties in relation to authorising operations

   4. Powers of Department

      1. 41. Powers to acquire land

      2. 42. Powers to carry out works, etc.

      3. 43. Power to enter into agreements concerning land adjacent to an ASSI

      4. 44. Powers of entry

      5. 45. Power to make byelaws for ASSI

   5. Offence

      1. 46. Offences

      2. 47. Restoration following offences under Article 46

   6. Supplementary

      1. 48. Matters affecting agriculture, forestry and inland fisheries

      2. 49. Application of this Part to the Crown

      3. 50. Statutory charges

      4. 51. Transitional provisions relating to this Part

      5. 52. Interpretation of this Part

6. PART V SUPPLEMENTARY

   1. 53. Amendments and repeals

7. Signature

8. SCHEDULES

   1. SCHEDULE 1

      PARTICULAR PURPOSES FOR WHICH PROVISION MAY BE MADE UNDER ARTICLE 4

      1. PART I LIST OF PURPOSES

         1. Preliminary

            1. 1. (1) Establishing standards, objectives or requirements in relation to emissions...

            2. 2. (1) Conferring functions on the Department or the Secretary of...

            3. 3. Enabling the Department or the Secretary of State to give...

         2. Permit

            1. 4. Prohibiting persons from operating any installation or plant of any...

            2. 5. Specifying restrictions or other requirements in connection with the grant...

            3. 6. (1) Prescribing the contents of permits. (2) Authorising permits to...

            4. 7. (1) Requiring permits or the conditions to which permits are...

            5. 8. (1) Regulating the transfer or surrender of permits.

            6. 9. Authorising the Department to make schemes for the charging by...

            7. 10. Authorising, or authorising the Department to make schemes for, the...

         3. Information, publicity and consultation

            1. 11. Enabling persons of any specified description (whether or not they...

            2. 12. Securing— (a) that publicity is given to specified matters;

            3. 13. Requiring or authorising enforcing authorities to carry out consultation in...

         4. Enforcement and offences

            1. 14. (1) Conferring on enforcing authorities functions with respect to the...

            2. 15. (1) Authorising enforcing authorities to serve on holders of permits...

            3. 16. Authorising enforcing authorities to suspend the operation of permits so...

            4. 17. The creation of offences and dealing with matters relating to...

            5. 18. Enabling, where a person has been convicted of an offence...

         5. Appeals

            1. 19. (1) Conferring rights of appeal in respect of decisions made,...

         6. General

            1. 20. (1) Making provision which, subject to any modifications that the...

      2. PART II SUPPLEMENTARY PROVISIONS

         1. Particular types of pollution

            1. 21. The regulations may provide for specified provisions of the regulations...

         2. Determination of matters by enforcing authorities

            1. 22. The regulations may make provision for anything which, by virtue...

         3. Imposition of conditions

            1. 23. In connection with the determination of conditions as mentioned in...

         4. Charging schemes

            1. 24. The regulations may require any such scheme as is mentioned...

         5. Offences

            1. 25. (1) The regulations may provide for any such offence as...

         6. Interpretation

            1. 26. In this Schedule— “public body” means a body established or...

   2. SCHEDULE 2

      AIR QUALITY: SUPPLEMENTAL PROVISIONS

      1. Consultation requirements

         1. 1. (1) A district council in carrying out its functions in...

      2. Exchange of information

         1. 2. (1) A relevant authority shall provide a district council with...

      3. Joint exercise of district council functions

         1. 3. (1) The Department may give directions to any two or...

      4. Public access to information about air quality

         1. 4. (1) Each district council shall— (a) secure that there is...

      5. Fixed penalty offences

         1. 5. (1) Without prejudice to the generality of sub-paragraph (o) of...

   3. SCHEDULE 3

      SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

      1. Interpretation

         1. 1. In this Schedule “relevant power” means a power conferred by...

      2. Issue of warrants

         1. 2. (1) If it is shown to the satisfaction of a...

      3. Information obtained to be admissible in evidence

         1. 3. (1) Subject to Article 19(7), information obtained in consequence of...

      4. Duty to secure premises

         1. 4. An authorised person who, in the exercise of a relevant...

      5. Compensation

         1. 5. (1) Where an authorised person exercises any power conferred by...

   4. SCHEDULE 4

      TRANSITIONAL PROVISIONS

      1. Introductory

         1. 1. (1) In this Schedule “the 1985 Order” means the Nature...

      2. Existing areas of special scientific interest

         1. 2. (1) Any declaration under Article 24 of the 1985 Order...

      3. Consents under Article 32

         1. 3. (1) Subject to sub-paragraph (2) and paragraphs 4 and 5—...

      4. Operations on land

         1. 4. Article 32 does not apply in relation to the carrying...

      5. Appeals under Article 33

         1. 5. (1) Article 33(1)(a) does not apply to a refusal of...

      6. Management agreements

         1. 6. (1) Subject to sub-paragraph (2), an agreement in force under...

      7. Compensation

         1. 7. Despite its repeal by this Order, Article 26 of the...

      8. Duty of public bodies in relation to operations

         1. 8. Article 39 does not apply in relation to the carrying...

      9. Offences and restoration orders

         1. 9. Article 46 does not apply in relation to an offence...

   5. SCHEDULE 5

      AMENDMENTS

      1. Part POLLUTION PREVENTION AND CONTROL

         1. The Public Health (Ireland) Act 1878 (c. 52)

         2. The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)

            1. 2. In Part II of Schedule 2, after paragraph 5(2) add—...

         3. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

            1. 3. (1) In Article 55(4)(a) after “part of” insert “an installation...

         4. The Merchant Shipping Act 1995 (c. 21)

            1. 4. In section 136A at the end add “or an authorisation...

         5. The Finance Act 1996 (c. 8)

            1. 5. In section 66 (ba) after “1999” insert “or under regulations...

         6. The Water (Northern Ireland) Order 1999 (NI 6)

            1. 6. (1) In Article 10(1) after sub-paragraph (b) insert—

      2. PART II AIR QUALITY

         1. The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

            1. 7. In Article 4(1) (traffic regulation orders), at the end add...

         2. The Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18)

            1. 8. In Article 7(12) (conditions of authorisations) at the end add...

      3. PART III AREAS OF SPECIAL SCIENTIFIC INTEREST

         1. The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1)

            1. 9. In Article 16(1)(a) after “or under” insert “Article 41 of...

         2. The Planning (Northern Ireland) Order 1991 (NI 11)

            1. 10. In Article 18(1)(b)(iii) for “Article 24 of that Order” substitute...

   6. SCHEDULE 6

      REPEALS

      1. PART I POLLUTION PREVENTION AND CONTROL

      2. PART II AREAS OF SPECIAL SCIENTIFIC INTEREST

9. Explanatory Note